2025.03.03 CC Packet - Laserfiche WebLink

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ONEKA PRAIRIE PARK MAINTNENACE AGREEMENT THIS AGREEMENT is made this _______ day of ___________, 2025, by and between the City of Hugo, a Minnesota municipality (hereinafter “City”) and the Oneka Prairie Homeowners Association, (hereinafter “Association”), and its successors and assigns. WHEREAS, the City owns a park located at 4876 162nd Way N (hereinafter “park”) for which was constructed and dedicated to the City by Southwind Holdings LLC with the Oneka Prairie Development; WHEREAS, the City is desirous of maintaining and operating a park for the public good of the neighborhood and residents. WHEREAS, HOA is desirous of installing, maintaining and operating an Irrigation Reuse System on the park; NOW, THEREFORE, the City and Association agrees to the following: 1. Maintenance of Irrigation Reuse System. The Association shall provide, at no cost to the city, irrigation over the park using an approved irrigation system. The Association shall be responsible for the operation, metering, maintenance, inspection, testing, and repair of all components of an Irrigation Reuse System serving the park, including stormwater ponds, pumps, filtrations systems, electrical power, meters, controls, irrigation lines and sprinkler heads. The Irrigation Reuse System shall draw water from certain stormwater ponds located on the property owned by the City, pursuant to the terms of that separate recorded Stormwater Re-Use Agreement and the and the Encroachment and Maintenance Agreement, between the City, Association, and Southwind Holdings, LLC. The Association at its own cost shall keep the system and its components in good repair and continuous operation and shall comply with the rules and regulations of any entity having regulatory jurisdiction over the areas and activities required or permitted herein and shall replace and repair all components thereof as and when necessary to assure its continued function. All work and maintenance shall be done in a workmanlike manner by insured contractors suitable to the task. The Association shall defend and indemnify the City for the willful or negligent acts of its Contractors which may cause damage or loss. 2. Damage caused by the City. If the need for maintenance of the Irrigation Reuse system on a part of the park property is caused by the willful or negligent act of the City, the Association may cause such damage to be repaired or corrected by or at the cost of the City 3. Maintenance of the Park. The City shall provide for the routine maintenance of the park including mowing, fertilization, tree and landscaping maintenance and replacement.